Monday, February 27, 2012

N is for Negative Notice: Local Rule 2002-4, FLMB

UPDATE - Revised 10/16/2013 --
A current listing of permissive uses of negative notice in the Middle District of Florida, as of 10/15/2013, can be found in a pdf file by clicking --> Negative Notice
 
                                                                                 Negative Notice

Yes, N is for Negative Notice.  I realize this page is really catering to attorneys where I practice, and as such, may not be very useful to others.  This page deals with procedural matters within in the Middle District of Florida only.  

The following is taken from the FLMB Newsletter, Volume 1, Issue 1, (No, not Willow Pond, as in the pic to the left) from Chief Judge Karen S. Jennemann.  This is a newsletter for the Middle District of Florida, and the following should not be used in other bankruptcy districts.  

 Local Rule 2002-4 provides for negative notice as permissible when filing certain pleadings in order to determine if a matter is contested. You must provide at least 21 days for responses unless the list provides otherwise. Check Local Rule 2002-4 for more details on how negative notice works in our district.
  • Application to Employ/Retain Professional
  • Interim Application for Payment of Administrative Expenses (Chapter 7)
  • Motion for Relief from Stay (Chapter 7)
  • Motion for Relief from Stay (Chapter 11) - (If plan surrenders)(Service to 1007-2 Parties In Interest list required)
  • Motion for Relief from Stay (Chapter 13) (Against co-debtor or debtor only (i) if plan surrenders property, or (ii) payments are made outside plan)
  • Motion for Turnover of Property (Chapter 7 Trustee) (30 day notice required)
  • Motion to Administratively Close Individual Ch 11 Case
  • Motion to Approve Agreements Relating to Relief from Stay, Prohibiting or Conditioning the Use, Sale or Lease of Property, Providing Adequate Protection, Use of Cash Collateral and Obtaining Credit pursuant to Fed. R. Bankr. P. 4001(d) (14 day notice allowed)
  • Motion to Approve Ch 7 Trustee's or Attorney’s App for Quantum Meruit Compensation
  • Motion to Approve Compromise or Settlement
  • Motion to Assume Lease/Executory Contract
  • Motion to Avoid Lien
  • Motion to Determine Secured Status /Value Property (30 day notice required) (Chapter 7 & 13 only)
  • Motion to Determine Secured Status and to Strip Lien (30 day notice required) (Chapter 13 only)
  • Motion to Modify Chapter 13 Confirmed Plan (Except in Tampa and Ft. Myers)
  • Motion to Modify Mortgage
  • Motion to Redeem
  • Motion to Sell or Lease Property (Except Ch 11)
  • Motion/Notice to Compel Abandonment
  • Objection to Claim (30 day notice required)
  • Objection to Exemptions (On objections relating solely to the value of the property claimed as exempt and except in Jacksonville,the Court will enter an order sustaining the objection without a hearing. Other objections may be filed on negative notice.)
  • Trustee's Motion to Determine Property is of Consequential/Inconsequential Value to Estate
  • Trustee's Motion to Dismiss for Failure to Attend 341 Meeting
  • Trustee's Motion to Sell 1st Mortgage Deed in Lieu of Foreclosure Ch 13
    -----

    Other links to the letter "N" are as follows:
    Naked    New York Bankruptcy Lawyer, Jay S. Fleischman    
    Never    Cleveland Bankruptcy Attorney William Balena
    No Asset    Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
    No Asset Report    Honolulu Bankruptcy Lawyer, Stuart T. Ing 
    Non-PMSI    Philadelphia Suburban Bankruptcy Lawyer, Chris Carr
    Nondischargeable    Northern California Bankruptcy Lawyer, Cathy Moran 
    Nondischargeable    Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
    Nondischargeable Debt    Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell
    Notice    Colorado Springs Bankruptcy Attorney Bob Doig
    Non-exempt Property    Miami Bankruptcy Attorney, Dorota Trzeciecka  
    Notice    Taylor, Michigan Bankruptcy Attorney, Chris McAvoy




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